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Home My WebLink AboutORD 1972 Calling JPH re the Definition of Building Sites and Location of FencesCity of West University Place Harris County, Texas Ordinance No. 1972 AN ORDINANCE CALLING A JOINT PUBLIC HEARING ON A PROPOSAL TO AMEND THE ZONING ORDINANCE AND CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS REGARDING DEFINITIONS OF BUILDING SITES AND LOCATIONS OF FENCES; PRESCRIBING PROCEDURES AND NOTICES; CONTAINING FINDINGS AND OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS. WHEREAS, the Zoning and Planning Commission ('Z &PC ") of the City of West University Place, Texas ("CRY) has submitted a preliminary report on a proposal to amend the comprehensive zoning ordinance of the City, as last reformatted and re- adopted by Ordinance No. 1672, adopted March 12, 2001, and as amended thereafter ('Zoning Ordinance"); and WHEREAS, the preliminary report also proposes amendment to the Code of Ordinances of the City; and WHEREAS, the Z &PC's preliminary report is attached to this ordinance as Exhibit A and made a part of this ordinance by reference; and WHEREAS, the City Council desires to call a joint public hearing on such proposal; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, THAT: Section 1. The City Council hereby calls a joint public hearing before the City Council and Z &PC on the Code of Ordinances of the City of West University Place, Texas and as amended by the proposal as described in Exhibit A, attached hereto. Unless rescheduled, the hearing shall be held in the Council Chamber of the Municipal Building, 3800 University Boulevard, West University P Texaa 77005 during the City Council meeting set to begin at 6'.30 p.m. on �'�',} The hearing may be recessed and continued from time to time. The City Manager may reschedule the data and time, or both, to accommodate other pending matters, but the rescheduled date and time may not be later than 30 days past the date set by this ordinance. All other portions of Chapter 70 of the Code of Ordinances not specifically amended hereby remain in full force and effect. Section 2. The purpose for the hearing is to provide an opportunity for parties in interest and citizens to be heard In relation to the proposal described in Exhibit A All ordinances and parts of ordinances in conflict with this Ordinance are repealed to the extent of the conflict only. Section 3. The procedures for adoption of the proposal shall be as follows (1) notice as required by this ordinance, (2) hearing as called by this ordinance, (3) report by the ZBPC, and (4) vote by the City Council on the question of adoption. The procedures for enforcing the proposal shall be as set out in the existing Zoning Ordinance. The proposal described in Exhibit A is hereby submitted and re-submitled to the ZBPC for its consideration. Section 4. The City Secretary shall give notice of such hearing as prescribed by this section. The notice shall be in substantially this form set out in Exhibit B, which is attached and made a part of this ordinance by reference. The notice shall be published in the Ci"official newspaper (or another newspaper of general circulation in the City) at least once on or before the 16th day preceding the date of the hearing. In addition, the notice shall be mailed to tire persons on the mailing list for the City Currents newsletter. The notices shall be deposited in the United! States mail on or before ninth day preceding the date of the hearing, properly addressed with postage prepaid. The notices may be included within the newsletter or with utility bills or may be separate. The City Council specifically approves timing combined notice of two or more hearings in a single notice document, as this would save money and also provide better information about the full scope of possible amendments to all interested persons. Section 5. The City staff is authorized to make all necessary arrangements for the hearing and to assist the Zoning and Planning Commission and the City Council. Section 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance, or the application thereof to any person or circumstance, shall ever be held to be invalid or uncommukki by any court of competent jurisdiction, neither the remainder of this ordinance, nor and the application of such word, phrase, clause, sentence, paragraph, section or other pad of this ommance to any other persons or circumstances shall not be affected thereby. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section T. The City Council officially finds, determines and declaims that sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, Open Meetings Law, Chapter 551, Texas Government Code, as amended, and that each such meeting has been open 0 the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and Posting thereof. Section 8. Because the proposal to amend the Zoning Ordinance is vitally important and should be considered at the earliest possible date, a state of emergency is declared requiring that this ordinance be read and adopted finally at this meeting. Accordingly, this ordinance shall be adopted finally on first reading and shall became effective immediately upon adoption and signature. PASSED, M�PRRROVED AND, ADOPTED ON FIRST AND FINAL READING ,IGNED On lfia) 11th day Oj March ,2013. Mayor k Approved as to legal form: �� Attorney Exhibit A Zoning & Plamving Comaismion City of West University Place, Texas 3800 University Boulevard West University Place, Texas 77005 January 10, 2013 Honorable mayor a members of the City Council City of West University Place 3808 University Boulevard Houston, Texas 77005 Subject Preliminary report on a proposal to amend the Zoning Ordinance and Code of Ordinances of the City of West University Place, Texas (`City ') relating to DEFINITIONS OF BUILDING SITES AND LOCATIONS OF FENCES. To the Honorable Mayor a Members Of City Council: The Zoning A Planning Commission of the City submits this preliminary report on the subject proposal, for the assistance of the Council as well as other interested persons. Scope of Proposal. Many building sites are made up of multiple lots that are developed as ingle building site under the requirements of Sec 5 -100 of Appendix A of the City Code of Ordinances, the - Zoning Ordinance'. Some of these building sites are oddly shaped, adjoin two different street frontages or e combined with another lot and are not clearly defined in the Zoning Ordinance. In some cases those yard areas that have been front yards for many years are fenced as if they were rear or side yards. The purpose of this proposal is to 1)clarify that the provision in Table 7 -6 Of the Zoning Ordinance apply to building sites, 2)clearly define the non-standard types of building sites and, 3)establish rules for fencing of these building sites. A) . This proposal stands Appendix A, Table 7 -2, Yards 1 or 'setbacks') Of the City Code of Ordinances to clearly define a through lot or r through lot and clarify that both types of lots require front yard setbacks for fenck8ing and fence -like hedges. B). This proposal amends Appendix A, Table 7 -6, Notes 8.1, 0.2 and 11, which clarify that the definitions apply to building sites and that fencing is red in the zoning ordinance and Chapter 18 of the Code of Ordinances, C). This proposal adds definitions of different building sites to Chapter 2 of the Zoning Ordinance, and D). This proposal amends Chapter 10 of the Code of Ordinances to standardize the requirements for fencing in the front yard and for rotated comer building sites. Recommendation. eased on the review given this proposal s , far, the Commission: (i) finds that the proposal, if adopted, Would be the public interest and , intent with the Comprehensive Plan, (ii) finds that the proposal reasonably addressee circumstances which have rthe last comprehensive rr of the zoning ordinance, a(iii) makes its preliminary recommendation favorable to the proposal, and (iv) recommends that the City Council adopt the proposal. The Vote. The vote on approval of this report was follows: Brown, Frankel, Parikh, Griffith, and McEnany voted "aye "; o -noes-; OeStefano and Clark absent. Respectfully submitted: ZONING AND PLANNING COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, MEAN By: For the Commieeion 1 -1013 "Exhibit A" Amend Appendix A, Table 7-2 Yards (or "setbacks") of the City Code of Ordiwnces of the City of West University Place, Texas to substantially read as follows: Table 7 2: Yards General Rule: No port of any structure may be located wltbln a part of (or Saud dtey a building site included within a yard defined, by District, in Nis table. (-N /A' means the rule does not apply.) E%cepHOnS /Special Road: (1) Structures may be located In yards to the extent charmed by Me Projections Schedule. (2) See special rules noted In table. (3) See PDD Schedules for Planned Development Districts. 141 See additional setbacks In the PWSF Schedule. Item Measurement SF 1 SF SF 3 TH GR- OR C 2 From yard Distance from 20 feet if the building site depth is 110 feet or 10 ft. 201t. 30 front street line. Lou; 25feet if the building site death is more See Sre Note ft. than 110 feet but not more Nan 115 but; 30 Nme l Ye feel if the building site depth is more Man 125 ]. now feet. See Near 5. 5 Insurer Distance from Greater of 10% of building site Man w 5 feet. 51G See Note 4. 5 ft. side yard side property, line See Note 2. See Note 2. See leach model. NOW 4. Street side Distance from Greater of l0% of Wilding site Greater of l% 10ft. See Note 15 yard side street line. width or S ft. See Notes 2, 31 of bufOng site ]. ft. 6. width or 5 feet- See Notes 2• b. Rear yak IlDistance from 20 ft. See Note 1. 20 ft. 5ft. See 5ft. rear property See Nose]. line. Note IF Dlstarce from N/A N/A N/A 2D ft. Sea Note 10 Bufferyak nearest part of 2. ft. an SF Dialect race, 2 ,m.w xwear"A.m"N. ,do you .... once o.haa.,n,auar"a "a ANm"rafleida.ma Me,, (A) Tna turned asee a "56 not ails oTa.....a maritime mmanM use ink Saunas me roar rel " "mam..11 was, m. "r �IldINis r. " .it "m m... , ace a "r " "". " wa w"n,.a,.,aa,. N� "reu�a�m. m "aawe no . ra"111 i�amm t..wu..imm" a�.r�i�o "i,m". aaatwuaik seance) A-wi "r buldrababoisrulnedmove 1 10 -13 Toddibit A" sue= Meullmre -(o; no miner has derimea elrerom ale aaeeavW in a mm pro ey no w Inirouxe gm1 am Id enu Mus all he folighe vae: I,I Minimum ue a,Inebr a Wt Ong Mil WN wee got: sun. 0) m um sled r armedne. e.era m urge Nnian She mI col On mm me,W =afti a ormm n MM enq Ie mrlre wpnsan Tom 7 ad moem,na+rmmn.o meager am May, J areew Far mlead mm. all less III olamnanm.aremnmmn sal all yenWm,a: n teeneme building eau vorm IS as age or ba.Iln,o Net qu are aware ill Whom Ohio maa If the our me am a.reee 65 fog urea building see Such 4 man men So S be me Or 75 my 01)20 en a re ammo em win me are nr more our ream aun, m eel . or pal for bWOI e,Po me We or MI. me We um, sued Win as Minimum ay all111 rvin e=me are and open ciline are NoeC I the NIevq Ile u meevalmy me sea arm lired read 4 barders, Or .mare 111 . GR 2 also C DISI ,rm Zed m awes Vme m yWgddd be a xw.lmn ago "I be m"011 opprome, e bean marmy armors and only It are marl nceWOn a mrmimm win be wrmwamn ana marvnema or a emmm Wall wmnanuwn nuaq ae0mme wear pn Omer cal mm uwrder are nine or come) along line nrwmy led me, auo. War, ang, hill M,ess,.;m nmmtronmrm . TO SON may Iwm a amen "m be a am xmIwo men so Ma dam mwna a maaca MM,a do, the rund m..m W 9 Main 16 me map, Mo a am all assume mide go grear grachiseen =sure of WOOS am har ihe hadayew WOOS spenx F.twmn Amend Appendix A, Table 7 -6 Projections Schedule, of the City Code of Ordinances of the City of Wet U1lveraity Place, Texas to substantially read as follows: Table 7-6. projections Schedule, cant. Ismad V structure Naalmum Allowed featured On hopes), M urerl Sparlal Rutm For Fran The Inside Edge M The Yard Calwlatlng Open It P Mms Areas Front Yard Rear Yam shale yard Sr Bufferyam Certain BmkeWall 12P No limit No lam@ No limit The area may ,accessory gaols thermally, count as both open Structures but see HOre area and peMOUs 7. playground 0 No limit 0 No omit TM area may equipment cant as bond open area penlam se. Flagpoles [20' 0 0 0 The area may Mount as both open area and pervma: Fences 0, but am Not limit No limit, but No limit The area does act 1 -10 -13 "Exhibit A" and 8 Funds wood may oraleer morcem w Sae nn¢ w me emn e.pwry remved or awruae N ay o err la a. wewmm in n5� toner Me bew Of Dralanm pF ow two NwW.gwwnwveWmWUMMI mm.m and a ¢rp ryrvm) m e adrrdineme MOM an'. UIrWUlrtmmrsbrennyerryporubin M1nm)CNpbr19) we Op myaom on rare, weF wri nasi and Wallin vaidury won IClegwdon rn a CAMS low Made (a 5 bn or bad may be meals enywwee dmede w dmurenm man m.w rera 8 2 Wareboadew aeeam leracew, aapa wb iorr ram mane) 0 aadid,re merenm.re na armed buland am r a The' Model 'won le 'If yyvy,'ad yaw b.buN war rmer9n reamrmm w wommormad ewtabMG ameea.aamb.®e. burr Real ad u, nla. ewr wd d alums rarer eweug welimI Dwal. worn ForlmeMwery W ISUIeedr rm®a tawr.d msrenur_s d t, Cm, a rmlrerene. mret rarerim.d *drrrwe. rwrrrnrrr,wudrear,m,remrwm. mad omiarq u..N,m emTa tarn. rmd m,r a. rea.e b are rmd rmd, wad r.yna men,,.n cea.m Mar aeae, u.n w<ba to now front same Ne. Nrte dermrawe wrodeiene all mar AM Mary. Notes 8.1, ee Notes count as either 8.2, add 12. 8. 1, 8.2 and open or pervious n. area . Swimming 0 0, but an o, but see No Omit The area tours as pw6 Nate 9 Note 9. open area. Only the water area punts as pervious Ten s o ourts O o 0 No limit The area ants as (with Wen area but not cialed farmers area reeml (unles the area is made of grassl. Lights and No limit No limit No limit No limit The area may lamppes6 generally, generally, gmemlly, gererally, ou m as both open but see but see but see Note but see Note ar antl pervious Note 10, Note 10, 10. 10. Gate closers 24 No limit No limit No Imit lM1e area may count as open MIT tl pervious Signs gee No limit 0 0 0 TM area "Wed not Cade of count as either Greasiness) Open or ceMous and 8 Funds wood may oraleer morcem w Sae nn¢ w me emn e.pwry remved or awruae N ay o err la a. wewmm in n5� toner Me bew Of Dralanm pF ow two NwW.gwwnwveWmWUMMI mm.m and a ¢rp ryrvm) m e adrrdineme MOM an'. UIrWUlrtmmrsbrennyerryporubin M1nm)CNpbr19) we Op myaom on rare, weF wri nasi and Wallin vaidury won IClegwdon rn a CAMS low Made (a 5 bn or bad may be meals enywwee dmede w dmurenm man m.w rera 8 2 Wareboadew aeeam leracew, aapa wb iorr ram mane) 0 aadid,re merenm.re na armed buland am r a The' Model 'won le 'If yyvy,'ad yaw b.buN war rmer9n reamrmm w wommormad ewtabMG ameea.aamb.®e. burr Real ad u, nla. ewr wd d alums rarer eweug welimI Dwal. worn ForlmeMwery W ISUIeedr rm®a tawr.d msrenur_s d t, Cm, a rmlrerene. mret rarerim.d *drrrwe. rwrrrnrrr,wudrear,m,remrwm. mad omiarq u..N,m emTa tarn. rmd m,r a. rea.e b are rmd rmd, wad r.yna men,,.n cea.m Mar aeae, u.n w<ba to now front same Ne. Nrte dermrawe wrodeiene all mar AM Mary. 11013 "Exhibit A" Add to Chapter 2 of Appendix A, Section, Section 2 -102. "Certain Terms ". For purposes of this amendment, the illustrations attached and labeled 2 -102 a, b, c, and d, are adopted as a part of this proposal and added to the illustrations at the end of this appendix, "Cornei holding site" or "or "lot" means a building intersection at en male of not mom than hundred thirly-five degarces. If the 1 f interaction is mom than one hundred thirty -five demecs the building site's an `Smerim lot" "Through building sire" or "lof" "rear through hu (dine site" or "ho" means abf Id'na site other than a corner hiplijim site with f hand one o Wley idv she" or lot" means a building site abutting only one stmel Manding Iwo suects which thematic board greater Nan one hundred thirty -fiv degrees "ArRicenc side rd enhance site" or "lot' means a building site Nat abago asermse thmu shared side modem line. "Rotated corner building site "or "lot ". A corner building site in the SF -1 District which has been "minted" from one street to rise other, such that it has a front street line lying along a sveet Nat is different from the street along which the front stren line of the original comer lot would lie. The original comer lot is me single subdivided lot on Is same comer, as created by the plan recorded in Volume 444, Page 563 of the Deed Records of Harris County, Texas, entitled "Map Showing West University Place, A Pan Ol" he A.C. Reynolds Survey, Harris County, Taxes." In rise SF -I District, most rotated comer building sites will be oriented north- south, because most of the original comer lots were oriented east- weshwest (except for lots along University Boulevard or Cason Street). mend Chanter 18 Code of Ordinances Fearing Regulations to mad as follows See. 18 -202. - Prohibition in front or side. (a) Prohibition. No fence may be constructed, improved or structurally altered in the from ea xien vaM Isnbeckl ofany building site. Exceptions: this restriction does not apply to low retaining walls, institutional security fences, fences owned by any governmental entity or fences or walls specifically required or allowed to be located in the Gant Thrift card (setback) of a building site by this Code or the zoning ordinanco- 1 -1013 "Exhibit A' N) Rotated corneNma. This subsection only applies to a comer lot awed om of larger constru site originally demblished by the first plat or map office subdivision in question, where the front street line of fire comer lot is on a different street firm she street where the larger comer site had id front streetlhe. On such a comer lot no fence may be consarcuA, improved or structurally altered along the side street line of the comer let (this would have been the from street line of the anginal larger comer site) unless the fence is set back from the side street by at least one of the following two distances: (1) A distance equal to the depth of the front setback area of any adjusted building site which has a front setback area Warning the side street; or (2) A distance equal to the depth of the side setback area of the comer lot, measured from the side street. If she BSC is requested to issue a variance to permit a fence on the comer lot closer to the side sneer than prescribed above, and if petition signed by 20 percent or more of the persons owning property along the aide stet[ within 200 fee[ of the rear lot line of the comer lot (and on the same side of the side street) is presented to the BSC before it was on the request, the requested variances shall not take effect unless approved by all members of the BSC qualified and serving. Under no circumstances, with or without a vadarrce, is a fence allowed within five feet of the side Warned line. See. 18 -211.. Fenees on vacant Inta.P Any fence construction or reconstruction on a site on which no building is located shall be constructed to comply with all of the setback requirements which apply to the location of a residence on such site. No building permit shall be issued for construction of improvements on a vacant lot if there is a fend which does not meet all requirements of this Cade. (See Appendix A of the Code ofOrdimmea of the City of West University Place) 11Pgg1]111pN9�" INIFPoLW BNWIAG9tE - -- MIENT9RpN681E I IN1EPIgi9Yl➢W0811E I<Tl�FYZ.ZZ12-1 Illustration 2 -102a THROUGH BUILDING SITES SWEET SN T Illustration 2 -102b ADJACENT SIDE YARD I I I FWRCENT SIDE YMD *WWNG I I SN T Illustration 2 -102b ADJACENT SIDE YARD I amm Ux u Fx sx¢r Illustration 2 -102c ROTATED CORNER BUILDING SITE STREET amLEABLE MA KILDARE ARE _ __ _ _i _..._ _.JI _.. BRAREEA LE STREET 1 SEWCX LSE FRGPERW LINE PKKIIYNN- VARIES &.11➢ING WE mGTH 119 OR LESS- N SET K MUDING 97E MOTH EVER 12Y- W S5L10ACR sEwmG sTE mGTx mrtR rzv= Ea sErsux VARIES 14%OF BNII VARI WR WWIH BACK VARO - IB FEET IIIU�I Illustration 2 -102d YARDS (SETBACKS) RJ LCARLE 61 LIABLE AREA AREA AREA AREA ' AREA I.. F_ BVILGA &E BU LGAR.E RWLGAB.E AREA ARE AREA amLEABLE MA KILDARE ARE _ __ _ _i _..._ _.JI _.. BRAREEA LE STREET 1 SEWCX LSE FRGPERW LINE PKKIIYNN- VARIES &.11➢ING WE mGTH 119 OR LESS- N SET K MUDING 97E MOTH EVER 12Y- W S5L10ACR sEwmG sTE mGTx mrtR rzv= Ea sErsux VARIES 14%OF BNII VARI WR WWIH BACK VARO - IB FEET IIIU�I Illustration 2 -102d YARDS (SETBACKS) [MIM: NOTICE OF PUBLIC HSARIN0S The Zoning & Planning Commission and the City Council of the City of West University Place, Texas ( "City ") will hold a joint public hearing an the Council Chamber of the Municipal Building, 3800 University Boulevard, Houston, Texas 77005 during the City Council meeting set to begin at 6:30 PM on The hearing may be recessed and continued from time to time without further published notice. The purpose for the hearing is to provide an opportunity for parties i n interest and citizens to be heard i relation to proposals to amend the City's Zoning Ordinance )and Code of Ordinances), as follows: Scope of Proposal. many building sites are made up of multiple lots that are developed as a single building site under the requirements of Sec 5 -100 of Appendix A of the City Code of Ordinances, the 'Zoning Ordinance'. Some of these building sites are oddly shaped, adjoin two different street frontages or are combined with another lot and are not clearly defined in the Zoning Ordinance. In some cases those yard areas that have been front yards for many years are fenced as if they were rear side yards. The purpose of this proposal is to 1)clarify that the provision in Table 7 -6 of the Zoning Ordinance apply to building sites, 2)clearly define the - standard types of building sites and, 3)establish rules for fencing of these building sites. A) . This proposal amends Appendix A, Table 7 -2, Yards OI setbacks') of the City Code of Ordinances to clearly define a through lot or r through lot and Clarify that both types of lots require front yard setbacks for fenck6ing and fence -like hedges. B). This Proposal amends Appendix A, Table 7 -6, Notes 8.1, 8.2 and 11, which clarify that the definitions apply to building sites and that fencing is overed in the zoning ordinance and Chapter 18 of the Code of Ordinances, C) . This proposal adds definitions of different building sites to Chapter 2 of the Zoning Ordinance, and D) . This proposal amends Chapter 18 of the Code of Ordinances to standardize the requirements for fencing In the front yard and for rotated corner building sites. Additional details on the proposals as well as the Zoning Ordinance and Code of ordinances are all available for public inspection in the Municipal Building, 3800 University Boulevard, Houston, Texas 77005. The proposed changes to the Zoning Ordinance and Code of Ordinances would apply generally within the City, and any person interested in such matters should attend the hearings. The proposals maybe adopted only after notice and hearing and would control over anything inconsistent in the current Zoning Ordinance or Code of Ordinances. Bate: /s /City Secretary